The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24

ocCOuu-Auo paIVleS 10 GNe contest snail C0en
be called by the clerk, and if they answer their
appearance shall be recorded.
Third-The contestant shall then first intro
ducc his testimony, and. after the testimony ia
closed on both Sides the contestant by himself
or by hls counsel may open the contest, and the
oiiicer-elect may then proceed, by himself or
be heard in reply After the argument Of both
parties Is concluded any member Of the house
may offer the reasons for the vote he intends to
give.
Fourth-The clerk shall keep regular journal
Of the proceedings.
Fifth-In deciding the contest the members
given shall decide; but no party TO the contest
shall vote. either upon the final decision or
upon any preliminary question that has refer
Sixth-It the contest Is in the scnote 1t shall
proceed as nearly as may be according to tho
rules above prescribed.
SEC. 81. Any candidate or clcctor Of the
proper county may contest the election of any
person declared elected to any county office. He
shall give notice thereof in the manner provided
III section fifty for service OF such notice.
20 oher testimony upon points not specified in
the notice OF the contestant, he shall, in the
manner provided in section titty-seven.
flying such additional points: npon
such notices, which not to be taken as true
until proved, and which may be amended if the
all the testimony shall be taken us in civil ac-
lions, and all matters relating to said contest
shall DE heard and tried by the district of
the proper county In the manner that civil ac-
lions are tried by the court. Said contest shall
he brought on for hearing, and the costs therein
taxed by said district court in the manner that
civil actions are conducted. Said district court,
at the next general or special term alter the eX
piration OF thirty days after the votes CAN
vassed. shall hear and determine the contest:
and tho judge of the said court, in case no gen
erai or special term thereof occur within ninety
DAYS after the canvass Of the votes shall appoint
special term OF said court to convene within
~ rcl>O
been gwen to him. When the Judgment or decis-
ion OF the district court shall be removed to the
supreme court. the party removing the same
sha!l file in the district court a bond to the OPP
pOs1te party in such sum, not less than five
hundred dollars, and with such surctics as shall
he approved bv the judge conditioned for the
payment OF all costs incurred by the respondent,
in case the applicant fail in his appeal. The re-
turn on said appeal shall be made settled GER
tined and filed in the supreme court within fit
teen days after the date of service OF notice of
appeal, and upon perfecting said appeal, the
same may be brought on for hearing and deter
mination before said supreme court ut any time
when the same shall be in session, and upon ten
daVs notice from either parry; and the same
Shall be heard and determined in IL summary
manner. Such notice OF hearing may be served
during the term or in vacation. This act shall
apply to any case now pending.
SEC. GO. On the trial of any contested cleo
ton for any OF the offices in the tittysevcnth or
parties to the contest may introduce either writ
ten or oral testimony, but no deposition shall
be read 1T such trial unless the other party had
reasonable notice Of the time and place OF taking
.he same.
SEC. 63. In any county in which there is
vote for the removing of the county seat chang
ing the county lines Of said county, or upon any
other subject which by law may be submitted 10
the vote OF the people OF said county any elector
therein may contest the validity of such cleo
tion as to the right OF the place declared to he
selected for the county seat to be such: as to
the result when the proposition to remove a
county seat is declared defeated: or as to any
county line declared established by said vote;
or a. to the result Of any vote upon any subject
submitted as aforesaid Such elector shalugiye
notice in writing OF such contest to the county
commissioners, or one OF them in the county in
said notice personally upon said commissioners
at their place of residence within thirty days
after the result Of said votes is declared or pro-
claimed. Said notice shall specify the points on
which said election will be contested, and copy
thereof shall be filed with the district clerk of the
proper county within ten days after the service
the district court, at it, first general or special
term. shall hear aud determine on such contest
upon the oral and written evidence OF the par
ties; and dispositions NAV be taken by any OF
the parties to the proceedings in the same as In
civil actions, but no appeal to said district court
shall be necessary in any such case Such COM
the proper county may appear and defend in
such contest and introduce evidence as in other
actions.
SEC g. The regular term of Office of all state
Tuesday OF January next succeeding their cleo
ton. unless otherwise provided by law.
SEC G5 Any state, county or district officer
elected elected or appointed, to MI vacancy shall
Immediately thereafter, and, when elected, hold
the same during the unexpired term for which
pointed and qualified; but if appointed to he
shall hold his office until the next general cleo
tion, when successor for the remainder OF the
unexpred term shall be chosen, and until his
successor is elected and Oualified
Sec sc. During any day on which any gen.
erai special town or charter election IS held, no
entitled to vote at such election.
SEC g. The secretary of state shall provide
uniform blanks for making lists or registers
required by law, and af1idavits. and all other
tion districts at any election: he shall also pro-
vide copies of this law and transmit the same
to the auditor OF each county, at least thirty
days before any election; and the auditor shall
forthwith deliver to the clerk Of every town and
city in his county necessary copies OF each 81
said bian ks and one CODY OF the said law for
each election district in his town city.
SEC. GS Every auditor. chairman Of the
board OF county commissioners and justice OF
the peace shall receive for services performed
under this chapter the following fees For making
cents: for every certificate, with seal attached
to statements forty cents: which fees shal IL be
allowed by The board OF county, commissioners
treasurer upon the warrant OF the county au-
ditor.
SEC. Co. Whenever amendments to the con-
stitution shall be submitted to the people for
their approval OR rejection it shall be the duty
OF the judges of election, in each election dis
trct OF the state, before the opening of the polls
on election day, to post up ut the place Of hold
ing the election, the proposed amendments, so
that the same can be seen and read. Said
amendments shall be printed or written. Or
cish language. Any judge OF election violating
the provisions Of this section shall be subject to
fine not exceeding 1ive dollars for each etfense
the peace, or any court Of the county
SEC TO- No spirituOus, malt or Intoxicating
liquor shall be sold or given away. nor shall any
store, saloon or bar room where such liquor is
special election day from the hour OF five o'clock
in the forenoon to the hour OF eight o'clock in
the afternoon. Whoever violates the provisions
hundred dollars nor more than three hundred
dollars for each offensc. 1t shall be the duty OF
the mayor, sheriff, constable and other officers
and magistrates to see that the provisions of
this section arc enforced; and it shall be the
duty Of the mayor on the day next preceding
any election to issue proclamation that the
provisions OF this section will be strictly en-
forced In case the mayor fail TO perform the du-
Ties herein described he shall be subject to fine
Of one Thousand dollars or IMPRISONMENT in the
county jail for sixty days, or bOth in the dis
crction of the court.
SEC II. The provisions OF this chapter shall
apply except in cities having over twelve thou
sand inhabitants, to all elections hereafter to be
held for all. OK any, state district county, town,
city or township officers, and for electors OF
president and vice president of the United
amendments to the constitution. laws changing
the county lines, removing county seats, or upon
any subject which may by law be submitted to
the names OF electors previous to the time Of
voting ut the town meeting in any newly organ
lied township shall not be required; but the
manner Of conducting the same shall be as pro-
y,del in the general act for the organization OF